- A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.
- States Parties shall in accordance with their national laws ensure alternative care for such a child.
- Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or, if necessary, placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.
– UN Convention on the Rights of the Child
Overview of Article 20
The Preamble of CRC states that the child “should grow up in a family environment, in an atmosphere of happiness, love and understanding.” Articles 16.3 of the Universal Declaration of Human Rights, Article 23 of International Covenant on Civil and Political Rights, Article 10 of International Covenant on Economic, Social and Cultural Rights all underline the importance given to the family “the family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”
The Article 20 provides protection of children deprived of a family environment due to either having lost or having left their families for a variety of reasons or becoming separated from their family for a variety of reasons. It requires States Parties to provide alternative care for children who are temporarily or permanently deprived of their wider family environment, not only loss of parental care.
Increasing jurisprudence in international law including the CRC and Convention on the Rights of Persons with Disabilities on children deprived of a family environment and The United Nations Guidelines for the Alternative Care of Children, parameters of Article 20 have been developing well to inform States Parties to honour their obligations towards children.
Core attributes of Article 20
The core attributes of Article 20 are:
- Provision of special protection and assistance
- Standards of care
- Nature of care
Each of these attributes can be measured in terms of structural or process implementation or in terms of outcomes achieved through implementation as outlined in the table below. Some indicators, for instance the structural ones, may be common to all attributes. Others are common to two or more attributes, while some indicators may be relevant to one attribute only. An attempt has been made to balance the use of objective and subjective data indicators as well as qualitative and quantitative ones.
What did children say?
These are some ideas that children from around the world shared with us during the Global Child Rights Dialogue (GCRD) project:

Relevant provisions within the SDGs


- Goal 4 Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
- Target 4.1 By 2030, ensure all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective leaning outcomes.
Potential sources of data for users of the indicators sets
- Court case statistics
- Household surveys
- Human rights violations reports of CSOs
- National vital registration systems
- Primary research by National Human Rights Institutions for Children
References used for the overview
See human rights treaties in bibliography.
References used to create indicators
- Alliance for Child Protection in Humanitarian Action. (2013). Inter-agency working group on unaccompanied and separated children. Retrieved from https://www.iom.int/sites/default/files/TOOLS-WEB-2017-0322.pdf
- Better Care Network, Centre for Excellence for Looked After Children in Scotland (CELCIS), et al. (2017). Tracking Progress: Measuring the implementation of the ‘Guidelines for the Alternative Care of Children’. Better Care Network and Save the Children. Retrieved from www.trackingprogressinitiative.org
- Better Care Network, & United Nations Children’s Fund (UNICEF). (2009). Manual for the measurement of indicators for children in formal care. Retrieved from https://www.unicef.org/protection/Formal_Care20Guide20FINAL.pdf
- Cantwell, N., Davidson, J., Elsley, S., Milligan, I. & Quinn, N. (2012). Moving Forward: Implementing the ‘Guidelines for the Alternative Care of Children’. Scotland, United Kingdom: Centre for Excellence for Looked After Children in Scotland. https://www.relaf.org/materiales/Moving-forward-implementing-the-guidelines-ENG.pdf
- Cantwell, N., & Holzscheiter, A. (2008). Article 20: Children deprived of their family environment. In A. Alen, J. Vande Lanotte, E. Verhellen, F. Ang, E. Berghmans, & M. Verheyde (Eds.), A Commentary on the United Nations Convention on the Rights of the Child.Leiden, The Netherlands: Martinus Nijhoff Publishers.
- United Nations Committee on the Rights of the Child. (2006). Day of general discussion: Children without parental care (CRC/C/153). Retrieved from https://www.ohchr.org/Documents/HRBodies/CRC/Discussions/Recommendations/Recommendations2005.doc
- United Nations General Assembly. (2010). Guidelines for the Alternative Care of Children (A/RES/64/142). Retrieved from https://digitallibrary.un.org/record/673583?ln=en
- United Nations General Assembly. (2015). Sustainable Development Goals. Retrieved from https://sustainabledevelopment.un.org/?menu=1300
- United Nations Office of the High Commissioner of Human Rights (UNHCR). (n.d.). The Universal Human Rights Index (UHRI). Retrieved from https://uhri.ohchr.org/en
- UNICEF. (2007). Implementation Handbook for the Convention on the Rights of the Child (Fully Revised 3rd Ed.). Geneva, Switzerland: UNICEF.
Glossary/key words
Care placement
The use of an alternative care setting for the care of the child, be it formal (residential, foster, family-like, emergency, transit, group homes, supervised independent care) or informal (kinship care) (UN General Assembly, 2010).
Care setting
“The United Nations Guidelines for the Alternative Care of Children paragraph 29c: (c) With respect to the environment where it is provided, alternative care may be: (i) Kinship care: family-based care within the child’s extended family or with close friends of the family known to the child, whether formal or informal in nature; (ii) Foster care: situations where children are placed by a competent authority for the purpose of alternative care in the domestic environment of a family other than the children’s own family that has been selected, qualified, approved and supervised for providing such care; (iii) Other forms of family-based or family-like care placements; (iv) Residential care: care provided in any non-family-based group setting, such as places of safety for emergency care, transit centres in emergency situations, and all other short- and long-term residential care facilities, including group homes; (v) Supervised independent living arrangements for children” (United Nations General Assembly, 2010).
Family
“The preamble to the Convention refers to the family as “the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children” (UN Committee on the Rights of the Child, 2005). The Committee recognizes that “family” here refers to a variety of arrangements that can provide for young children’s care, nurturance and development, including the nuclear family, the extended family, and other traditional and modern community-based arrangements, provided these are consistent with children’s rights and best interests” (UN Committee on the Rights of the Child, 2005) (GC7 para 15).
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